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2026 DAILYLAW 45613 (CAL)

BIVASH DAS v. THE STATE OF WEST BENGAL AND ORS.

WPA/2271/2026 · 2026-10-01

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION 01.10.2026 rc/ct.no.CB-06 Item No.26 WPA No. 2271 of 2026 Bivash Das Versus The State of West Bengal & Ors. Mrs. Bedashruti Bose ..for the petitioner Mrs. Supriya Singh Ms. Esha Acharya …for the State Affidavit of service filed by the petitioner is taken on record. The Panchayat is not represented despite service. The petitioner alleges that the private respondents who are his neighbours have raised construction without obtaining sanction from the concerned Panchayat and in violation of the building rules. The petitioner submitted a representation in this regard before the concerned authority on June 29, 2026 which is yet to be considered. The petitioner seeks consideration of the same. Learned counsel for the private respondents submits that the alleged construction is existing for long and no new construction has been made in the plot in question. The contention of the parties need to be verified by the appropriate authority. Since the representation submitted by the petitioner in this regard is pending, the Pradhan, Upper Bagdogra Gram Panchayat, being the 4th 2 respondent herein, is directed to consider and dispose of the same within four weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioner and the private respondents, in accordance with law. The parties shall be at liberty to produce relevant documents in respect of their respective contention before the authority at the time of hearing. The decision taken by the authority shall be communicated to the parties within a week thereof. In the event the construction raised by the private respondents is found to be illegal/unauthorised, the concerned authority shall take necessary steps in accordance with law. The writ petition is disposed of. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh,J)